Opinion
(Fall Riding, 1802.)
Bail must be proceeded against by sci. fa. and not by action of debt.
THIS was an action of debt against Hill, as bail of Ashe. Plea in abatement, that he should have been prosecuted by sci. fa. and not by an action of debt. Demurrer and joinder.
The act directs a sci. fa., and it must be followed — meaning the act of 1777, ch. 2, sec. 18.
Judgment for defendant.
NOTE. — See 1 Rev. Stat., ch. 10; Swepson v. Whitaker, 2 N.C. 224; Governor v. Jones, 9 N.C. 359; Barker v. Munroe, 15 N.C. 412; Tray v. Williamson, 18 N.C. 252.
Cited: Summers v. Parker, 4 N.C. 581, 583.
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